Appointment of the Director General of Mines, Deputy Director General, etc.
Open ↗(1) The Minister shall appoint a public officer to be the Director General of Mines for the purpose of performing the functions and duties assigned to him under this Act.
(2) The Minister shall also appoint such numbers of Deputy Director Generals of Mines, Directors of Mines, Deputy Directors of Mines, Assistant Directors of Mines, Senior Mining Assistants, Mining Assistants and such other officers as may be necessary for carrying out the purposes of this Act.
(3) All officers appointed under subsection (2) shall be subject to the control, direction and supervision of the Director General.
(4) All officers appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Functions and duties of Director General
Open ↗The Director General shall—
(a) be responsible for the administration and enforcement of this Act;
(b) exercise supervision and control on the safety aspects relating to mines and to the fossicking, panning, exploration, mining, possession, movement, storage and processing of minerals and mineral ores in accordance with this Act;
(c) obtain information on and keep records of operations pertaining to the fossicking, panning, exploration, mining, possession, movement, storage, processing, purchase and sale of minerals and mineral ores;
(d) perform such functions in relation to this Act as the Minister may from time to time determine; and
(e) carry on such other activities as may appear to the Director General requisite, advantageous or convenient for the purpose of carrying out the provisions of this Act.
Delegation of functions or duties by Director General
Open ↗The Director General may, in writing, delegate to any officer under his control, direction and supervision the exercise or performance, subject to such conditions, limitations or restrictions as may be provided in the instrument of delegation, of any of his functions or duties assigned to him under this Act:
Provided that any delegation under this section with respect to any function or duty shall not prevent the Director General from himself exercising or performing such delegated function or duty in any case where it appears to him expedient to do so.
Functions and duties of Director
Open ↗(1) A Director shall exercise the functions and duties assigned to the Director General in the geographical locality under his jurisdiction.
(2) A Director shall report to the Director General any matter in respect of which any action on the part of the Director General is necessary.
(3) A Director shall be vested with the functions and duties of an Assistant Director.
Functions and duties of Assistant Director
Open ↗(1) An Assistant Director shall—
(a) inspect and regulate the storage, transportation and use of toxic, inflammable or other potentially dangerous substances in respect of or in relation to any fossicking, panning, exploration, mining or mineral processing activity;
(b) require the holder of a mineral tenement to provide and maintain within the mineral tenement and mineral processing area such access roads and other routes as are necessary and adequate for the purpose of safe access, exit, escape or removal of any injured person;
(c) give such orders as he considers necessary to discontinue any operation, use of equipment or practice in or about any fossicking, panning, exploration or storage facility area or mine or mineral processing plant which—
(i) affects the safety or health of any person;
(ii) causes damage to property; or
(iii) causes nuisance to or impairs the amenity of any area or place; and
(d) order the immediate cessation of work in, and the immediate departure of all persons from, any fossicking, panning, exploration or storage facility area or mine or mineral processing plant or any part thereof which is deemed unsafe, or allow work to continue after precautions are taken or such things are done as he considers necessary.
(2) An Assistant Director may—
(a) by written notice require a manager to submit plans of the workings of the mines and returns containing information on any mining operation:
Provided that such information shall be deemed, if requested in writing by such manager, confidential information for the purposes of this Act; and
(b) make such orders as he may consider necessary in cases of dispute between occupiers of mining lands in respect of their occupation or use of such land.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
